KAUSHIK BAVANBHAI KODIYATARversusTHE AHMEDABAD MUNICIPAL CORPORATION

     C/SCA/3301/2026                                 ORDER DATED: 24/03/2026




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CIVIL APPLICATION NO.                  3301 of 2026

=====================================================
              KAUSHIK BAVANBHAI KODIYATAR
                         Versus
      THE AHMEDABAD MUNICIPAL CORPORATION & ANR.
=====================================================
Appearance:
MR HARDIK D MUCHHALA(5634) for the Petitioner(s) No.
1
G H VIRK(7392) for the Respondent(s) No. 1
MR AAKASH GUPTA ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 2
=====================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                         Date : 24/03/2026

                               ORAL ORDER

1.    Heard learned advocate Mr. Hardik Muchhala on

behalf of the petitioner, learned advocate Mr. Hamesh

Naidu on behalf of Respondent No. 1, and learned

Assistant         Government    Pleader        Mr.   Aakash       Gupta        on

behalf of Respondent No. 2.


2.    Rule, returnable forthwith. Learned advocate Mr.

Hamesh Naidu waives service of rule on behalf of

Respondent No. 1, and learned Assistant Government

Pleader Mr. Aakash Gupta waives service of rule on

behalf of Respondent No. 2.


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3.     By way of this petition, the petitioner inter

alia      challenges               the     inaction             on    part        of       the

respondents more particularly the Scrutiny Committee

of   not     verifying             the    caste          certificate          issued        in

favour      of     the       petitioner,                which    has       led    to       the

petitioner             who    was        selected         as     Assistant         Junior

Clerk, Class - III, but not getting appointment.


4.     Learned Advocate Mr. Hardik Muchhala would draw

the attention of this Court to an order of learned

Co-ordinate            Bench       dated       26.07.2021            which       has   been

confirmed by Hon’ble Division Bench vide an order

dated 25.11.2021 and whereas learned Advocate would

submit that in a similar scenario, since the Scrutiny

Committee         had        not    verified            the     caste      certificate

within      reasonable             time,       the       learned        Co-      ordinate

Bench       was         pleased           to      direct             the     respondent

authorities to give provisional appointment to the

petitioner therein more particularly within a period

of two months from the date of receipt of writ of the

Court and whereas it was also clarified that if the

caste certificate of the petitioner was found not to



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     C/SCA/3301/2026                                          ORDER DATED: 24/03/2026




be genuine, the petitioner would not be entitled to

benefit of provisional appointment. It was further

clarified that if the caste certificate was found

genuine it will be open for the petitioner to claim

actual appointment from the date his juniors were

appointed and also continuity of service and other

benefits.


4.1 Learned Advocate Mr. Hardik Muchhala would also

draw    the      attention        of      this        Court     to    order       dated

25.11.2021             passed    by      Hon’ble         Division          Bench         in

Letters Patent Appeal No. 984 of 2021 whereby the

above-referred order of learned Co-ordinate Bench had

been    challenged          and       whereas         vide    said      order,          the

Hon’ble        Court       had        also     rejected         the      challenge,

confirming the order of the Hon’ble Division Bench.

Learned       Advocate          Mr.    Hardik         Muchhala       would      submit

that since the issue in question in the petition

before the Hon’ble Co-ordinate Bench and the subject

in issue in the present petition being the same, this

Court may pass similar order in this petition also.


5.     Learned Assistant Government Pleader appearing



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for the respondents while he could not dispute the

fact about orders being passed by the learned Co-

ordinate Bench and whereas the same being confirmed

by    Hon’ble           Division    Bench,          would   submit        that        the

State       is      contemplating          to       have    a     comprehensive

exercise more particularly considering the fact that

certain aspects of the issue in dispute are pending

before the Hon’ble Division Bench. They would further

submit that in any case if similar orders were to be

passed then some more time may be granted to the

Government.


6. Having regard to the submissions made by learned

Advocates for the parties, in the considered opinion

of    this       Court,      order     dated         26.07.2021         passed        by

learned           Co-ordinate          Bench          in      Special           Civil

Application No. 1858 of 2021 confirmed by Hon’ble

Division Bench was passed in similar set of facts and

therefore the decision would be binding on this Court

and     whereas          judicial     propriety         demands         that      this

Court should also follow the same view as laid down

by    learned           Co-ordinate     Bench        confirmed        by     Hon’ble




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Division Bench.


7. Having regard to the same, it is directed that the

respondents shall give provisional appointment to the

petitioner, to the post of Assistant Junior Clerk,

Class-III, subject to the final decision taken by the

Scrutiny Committee. Such order shall be issued by the

respondents within a period of three months from the

date of receipt of writ of this order.


8.    It      is        clarified   that          in   case    the      Scrutiny

Committee comes to a conclusion before the period of

three months that the caste certificate produced by

the petitioner was not genuine then the respondents

are not required to give provisional appointment to

the present petitioner. In this regard that it is

further clarified that before finally deciding as to

the      genuineness          of    the       caste      certificate               all

procedure          as     contemplated      under       the   law      shall        be

followed by the respondents.


8.1 It is further clarified that in case the Scrutiny

Committee does not take any decision as regards the




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        C/SCA/3301/2026                                                         ORDER DATED: 24/03/2026




genuineness of the caste certificate then provisional

appointments shall be issued to the petitioners in

the posts referred to herein above and whereas after

the       Scrutiny              Committee              comes          to       a     conclusion,                 as

regards the veracity and genuineness of the caste

certificate of the petitioner then (A) in case if the

caste certificate is not found to be genuine it would

be for the respondents to forthwith terminate the

services             of      the        petitioner                or      not        further            extend

provisional appointment (B) if the caste certificate

is found to be genuine then it will be open for the

petitioner to claim seniority and all other benefits

including but not limited to continuity of service

etc as would be available to him from the date when

juniors to the present petitioner had been appointed

to the post in question.


9. With the aforesaid directions, present petition

stands disposed of. Rule is made absolute to the

above extent. Direct service is permitted.



                                                                           (NIRZAR S. DESAI,J)

Pallavi

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 24/03/2026 17:50:46

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